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SHIELDS v. MEYER

No. 40,932

183 Kan. 111 (1958)

325 P.2d 29

ROBERT J. SHIELDS and RICHARD L. SHIELDS, a Partnership, d/b/a Shields Oil Producers, Appellants, v. FRED MEYER, JR., Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

Eric E. Smith, of Russell, argued the cause, and Robert J. Dole, of Russell, and W.W. Urban, of Lincoln, were with him on the briefs for the appellants.

Harold H. Chase, of Salina, argued the cause, and Robert L. Gowdy, of Salina, and Theodore M. Metz, of Lincoln, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

Plaintiffs, as copartners, filed an action for recovery of certain money; defendant answered and cross-petitioned for return of the purchase price he had paid for a one-eighth interest in an oil and gas lease. The verdict of the jury and the judgment were in favor of defendant on his cross-petition. Plaintiffs appeal.

The petition and answer are not in controversy and we will, therefore, proceed to...

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